Guatemala

The Law Against Sexual Violence, Exploitation and Human Trafficking defines and prohibits sexual violence, exploitation, and human trafficking. Among other things, the Law establishes that the penalty for sexual violence shall be imprisonment for a period of five to eight years, and that sentences can be increased for aggravating circumstances, such as gang rapes, sexual violence against the elderly or physically or mentally disabled, or the use of arms or drugs to carry out the sexual violence.

The Law Against Femicide and Other Forms of Violence Against Women criminalizes violence against women, including when it occurs in the home by spouses and other chosen sexual partners. The proscribed violence under the Law can be physical, psychological, or emotional. The law establishes that the penalty is imprisonment for 5-12 years in cases of physical or sexual violence against women, and 5-8 years for psychological violence. Of note, the law also establishes courts specifically dedicated to adjudicating crimes against women. 

Court held that a criminal law that punished female adultery more severely than male adultery was unconstitutional, in violation of the idea of equality among persons, as well as equality between married people.

El tribunal sostuvo que una ley penal la cual castigaba el adulterio femenino más severamente que el adulterio masculino era inconstitucional y violaba la idea de igualdad entre las personas, así como la igualdad entre las personas casadas.

The cases against Daniel Martinez, Manuel Pop Sun, Reyes Collin Gualip and Lieutenant Carlos Carías, First Tribunal of Criminal Sentencing, Narco-trafficking and Crimes against the Environment (Tribunal Primero de Sentencia Penal, Narcoactividad y Delitos contra el Ambiente de Guatemala, 2011. Crimes against humanity, genocide. In 2009, following the decision in the case of the “Las dos Erres” Massacre, the Supreme Court of Justice ordered the State to continue cases against those involved is the massacres perpetrated during Guatemala’s civil war.